2005 California Government Code Sections 19817.10 Article 2.2. Administrative Procedure

GOVERNMENT CODE
SECTION 19817.10

19817.10.  (a) This article shall apply only to employees in state
bargaining units who have agreed to this article in a memorandum of
understanding.
   (b) The Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3) shall not apply to any
agreements, orders, standards of general application, or any other
directives or guidance entered into or issued by the department
concerning matters that are within the scope of collective bargaining
as defined by Section 3516.  This article shall not in any way
diminish the state's obligation to meet and confer with recognized
employee organizations regarding matters within the scope of
bargaining as defined by Section 3516.
   (c) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if those provisions
of a memorandum of understanding require the expenditure of funds,
the provisions shall not be effective unless approved by the
Legislature in the annual Budget Act.


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